5 Amendments of Andreas SCHWAB related to 2009/2175(INI)
Amendment 24 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the incomplete transposition of EU public procurement Directives in national law, and the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 41 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewaluating the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it should also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member Stateany debate on the conclusions from evaluation to be carried out with the full involvement of all stakeholders;
Amendment 64 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that in its judgment of 10 September 2009 in Case C-573/07 the CJEU found that the mere possibility of the opening-up of the capital of a previously publicly-owned company to private investors may not be taken into consideration as a factor making competitive tendering a requirement unless there exists, at the time the contract is awarded, a real prospect in the short term of such an opening-up; notes that the lawrules in thise area is now sufficiently clear;of public-public co-operation have been subject to important developments due to the jurisprudence of the CJEU; and therefore calls on the Commission and the Member States to provide information about the legal implications of these judgments and expects that in future no further appeal procedures will be brought in these areas;
Amendment 68 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added valuecalls on the Commission to duly take them into account only if the evaluation process proves that a legal definition is needed; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completedevolved, however further clarification would be helpful;
Amendment 91 #
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Supports the systematic admission of alternative bids (or variants); points out that tender conditions, in particular the admission of alternative bids, are crucial for promoting and disseminating innovative solutions; stresses that specifications referring to performance and functional requirements and the express admission of variants give tenderers the opportunity to propose innovative solutions;